PART IV
WATER

22.    In this Part, unless the context otherwise requires-

Interpretation

"aquatic environment" means all surface and ground waters, but does not include water in installations and facilities for industrial effluent, sewage collection and treatment;

"discharge" means spilling, leaking, pumping, pouring, emitting, emptying or dumping;

"effluent" means waste water or other fluid of domestic, agricultural, trade or industrial origin, treated or untreated, and discharged directly or indirectly into the aquatic environment;

"licence" means a licence to discharge effluent issued under section thirty-one;

"pollutant" means any substance or energy, which if it enters or is discharged into water may cause discomfort to, or endanger the health, safety and welfare of persons, or may cause injury or damage to plant or animal life or property, or which may interfere unreasonably with the normal enjoyment of life or property or use of property or conduct of business, and those objects or substances as may inadvertently obstruct or divert the natural flow of a water course when discharged or dumped into it;

"sewage" means waste water generated by residential and commercial establishments;

"sewage system" includes sewage treatment plants;

"waste water" means water which has been used for domestic, commercial, agricultural, trading or industrial purposes and as a result of such uses may cause water pollution when discharged into the aquatic environment;

"water pollution" means the introduction, directly or indirectly of pollutants into an aquatic environment.

23.    The Council shall-

(a)        establish water quality and pollution control standards;

(b)        determine conditions for the discharge of effluents into the aquatic environment;

(c)        formulate rules for the preservation of fishing areas, aquatic areas, drinking water sources and reservoirs, recreational and other areas, where water may need special protection;

(d)        identify areas of research and initiate or sponsor research in the effects of water pollution on the environment, human beings, flora and fauna;

(e)        order or carry out investigations of actual or suspected water pollution including the collection of data;

(f)         take steps or authorise any works to be carried out which appear to be necessary to prevent or abate water pollution from natural causes or from abandoned works or undertakings;

(g)        lay down the analytical methods by which water quality and pollution control standards can be determined and establish or appoint laboratories for the analytical services required by the Inspectorate;

(h)        initiate and encourage international co-operation in the control of water pollution, in particular with those neighbouring countries with which Zambia shares river basins;

(i)         collect, maintain and interpret data from industries and local authorities on the pre-treatment, nature and levels of effluents;

(j)         collect, maintain and interpret data on water quality and hydrology which is relevant to the granting of licences under this Part;

(k)        enforce rulings made under this Part; and

(l)         do all such things as appear to be necessary for the monitoring and control of water pollution.

Responsibilities of Council

24.    No person may discharge or apply any poisonous, toxic, erotoxic, obnoxious or obstructing matter, radiation or other pollutant or permit any person to dump or discharge such matter or pollutant into the aquatic environment in contravention of water pollution control standards established by the Council under this Part.

Prohibition of water pollution

25.  (1)  Owners or operators of irrigation schemes, sewage system, industrial production plants, workshops or any other undertaking which may discharge effluent shall submit to the Inspectorate such information about the quantity and quality of such effluent.

Duty to supply information to Inspectorate

(2)  The inspectorate may require an owner or operator of irrigation schemes, sewage system, industrial production plants, workshops or any other undertaking which the Inspectorate has reasonable grounds to believe may cause or causes the discharge of effluent into the aquatic environment to submit all information relating to the quantity and quality of effluent as the Inspectorate may require.

(3)  The Inspectorate may order an owner or operator referred to under this section, at his expense, to instal such metering devices, and to have such samples taken and analysed, and to keep such records, as the Inspectorate may require.

26.    The owner or operator of a trade or industrial undertaking who wishes to discharge into an existing sewage system effluent from his plant shall obtain written permission to do so from the local authority operating or supervising the sewage system.

Permission to discharge effluent into sewage system

27.  (1)  The local authority operating or supervising a sewage system may impose conditions under which any effluent can be accepted or may prescribe methods of pre-treating the effluent prior to acceptance into the system.

Conditions for acceptance of effluent

(2)  A local authority may vary the conditions of acceptance of an industrial or trade effluent, but a variation shall not be made unless the authority gives six months' notice.

28.    Any person who discharges any effluent into a sewage system in contravention of the conditions imposed by the local authority, shall be guilty of an offence.

Offence relating to effluent

29.  (1)  An effluent may be mixed for treatment prior to discharge or for conveying to a common point of discharge.

Treatment of effluent

(2)  No person shall withdraw water from a water course or any other source for the purpose of diluting any effluent to make it acceptable except under a licence issued by the Inspectorate.

30.  (1)  No local authority operating a sewage system or owner or operator of any industry or trade shall discharge effluent into the aquatic environment without a licence.

Licence to discharge effluent

(2)  The owner or operator of an undertaking discharging an effluent before the commencement of this Act or whom the Inspectorate so requests shall apply for a licence within twelve months after the commencement of this Act.

(3)  The Inspectorate may grant a licence for the discharge of effluent under this Part.

31.  (1)  Any person intending to erect, instal or develop a new industrial or trade plant, an agricultural scheme or an undertaking likely to discharge effluent shall inform the Inspectorate of his intention during the early planning stage.

Application for licence for new undertaking etc., likely to discharge effluent

(2)  The Inspectorate may, without undue delay after the receipt and consideration of the information submitted under subsection (1), require any person referred to in that subsection to apply for a licence.

(3)  The application for a licence under this section shall be submitted to the Inspectorate not less than six months prior to the commencement of the discharge of effluent.

32.    An extention of an existing industrial or trade plant, or agricultural scheme or other undertaking shall be deemed to be new if the extension-

(a)        will increase the effluent of the existing plant either in the quantity or concentration of pollutants;

(b)        will discharge its effluent into a different water course; or

(c)        will introduce a new type of pollutant into the environment.

Circumstances under which extension deemed new

33.  (1)  The Inspectorate, may or may not grant a licence after considering the details of-

Grant or refusal of licences

(a)        the possible effects on the quality of an affected water course or other source;

(b)        the existing licences affecting the same water course or other source; and

(c)        the water requirements of riparian residents, human settlements and agricultural schemes which depend on the water course.

(2)  If a licence is not granted, the notice of refusal shall state the reasons for the refusal.

34.    Regulations made under section ninety-six shall prescribe the contents of an application and the conditions for a licence to discharge effluent.

Contents of application and conditions of licence